A part of Seamen's Insurance Act shall be amended as follows:
In this Act, "Imperial Ordinance," "the government office" and "the competent government official" shall be respectively amended as "Cabinet Order," "the administrative office" and "the competent government or other public official."
Next to Art.2, the following three paragraphs shall be added:
The Seamen's Insurance Committee shall be established for the purpose of referring thereto important matters concerning the administration of the Seamen's Insurance.
The respective equal numbers of representatives of insured persons, ship-owners and those representing the public interest shall be appointed the members of the Seamen's Insurance Committee by the competent Minister.
Besides matters prescribed in the preceding two paragraphs, necessary matters regarding the Seamen's Insurance Committee shall be regulated by Cabinet Order.
In Art.5, "funeral expenses or a lump sum provided by Art.45-(2)" shall be amended as "or funeral expenses" and "one year" as "two years."
In Art.9, next to "the ship-owners employing insured persons," "or an association organized by ship-owners employing insured persons, which has been authorized by the competent Minister" shall be added.
In Art.12, "(Tokyo Metropolis, in area where wards of Tokyo-to exist)" shall be amended as "(ward, in area where wards of Tokyo-to exist)," and next to "the city, town or village concerned" "(ward, in area where wards of Tokyo-to exits)" shall be added.
In Art.15, "Tokyo Metropolis, Hokkaido, and Prefectures" shall be amended as "Metropolis, District, and Prefectures."
Art.17. A person who is employed by a ship-owner as a seaman stipulated in Art.1 of the Seamen's Act (to be called "Seaman" hereinafter) shall be an insured person of Seamen's Insurance.
In Art.18, "or on the day on which they cease to fall under the provisions of each item of the preceding Article" shall be deleted.
In Art.19, "the day of their retirement from service as seamen or the day on which they come to fall under the provisions of each item of Art.17" shall be amended as "or on the day of ceasing to be employed by a ship-owner as a seamen."
Next to Art.27-(2), the following Article shall be added:
Art.27-(3). In this Chapter the term "the average basic monthly wages" signifies the average monthly wages of the whole term of coverage.
In this Chapter the term "the last average monthly wages" signifies the average monthly wages of three consecutive months immediately preceding the month of origin of sickness or injury which occurred on or off duty and caused his incapacity or his death due to a cause or duty within the period fixed by Cabinet Order according to the provisions of Art.42-(3), Par.1 (in case the consecutive term of coverage preceding such month in less than three months, such term shall be used instead of the three consecutive month).
In case the last average monthly wages counted according to the provisions of the preceding paragraph is less than the average basic monthly wages, the average basic monthly wages shall be regarded as the last average monthly wages.
In this Chapter the term "the average basic daily wages" signifies the amount equal to 1/30 of the average basic monthly wages.
In this Chapter the term "the last average daily wages" signifies the amount equal to 1/30 of the last average monthly wages.
Art.28, Par.1, item 4 shall be amended as follows:
4. Receiving into a hospital or a clinic, or supply of necessary lodging and food for medical treatment in a place other than his own house.
Art.28-(2) shall be deleted, and Art.28-(3), 28-(4), 28-(5) and 28-(6) shall be respectively Art.28-(2), 28-(3), 28-(4) and 28-(5).
Art.30. In case an insured person or a former insured person is incapable of work owing to medical treatment, he shall be granted a sickness allowance during such incapable term.
The amount of sickness allowance per day is the amount distinguished as follows:
1. With respect to sickness or injury due to a cause while on duty, within the limit of four months, the whole of his daily wages (in case of a former insured person, this daily wages at the time when he lost the qualification of insured person;the same shall apply hereinafter), and, in the case of above incapacity lasting over four months, after the four months, the amount of 60 per cent of his daily wages;
2. Within the limit of one month after the day of ceasing to receive medical benefits concerning sickness or injury due to a cause while on duty, the amount of 60 per cent of his daily wages;
3. With respect to sickness or injury due to a cause other than a cause while on duty (to be called "a cause while off duty" hereinafter), the amount of 60 per cent of his daily wages.
Art.34. In case a person whose term of coverage is 15 years or more loses his qualification of the insured, he shall be granted an old-age pension until his death. The granting of the pension, however, shall be suspended until the day of attaining the age of 50.
In Art.35, "of the entire term of coverage (hereinafter to be called average basic monthly salary)" and "(1/30 of average basic monthly salary)" shall be deleted.
In Art.36, "a cause other than a cause while on duty (hereinafter to be called a cause while off duty)" shall be amended as "a cause while off duty."
In Art.40, Par.3, "3 years during 6 years" shall be amended as "6 months."
In Art.41, Par.1 and Par.3, Art.41-(2), and Art.42-(3), Par.1, "the average basic monthly wages" shall be amended as "the last average monthly wages."
In Art.42, "or of a person whose term of coverage is more than 15 years and has been in receipt of invalidity pension for incapacity while off duty" shall be deleted, and, nest to the same Article, the following one paragraph shall be added:
If, in case of the death due to a cause while off duty of a person, whose term of coverage is 15 years or more and who has been in receipt of invaidity pension for his incapacity due to a cause while off duty, there is no one to receive a survivor's pension and the total sum of invalidity pension which has been already paid does not amount to the sum of 6 times the yearly amount of old-age pension which he should have been granted (if this sum is less than the sum of 10 times the last average monthly wages, the latter instead of the former), the balance shall be granted to the survivor of the deceased in the form of a lump sum.
In Art.42-(2), "the average basic monthly wages" shall be amended as "the last average monthly wages," and, next to, "reduced to 22 times average basic monthly wages," "Such aggregate sum, however, shall in no case be less than the amount of 10 times the last average monthly wages" shall be added.
In Art.45, "those who are entitled to" shall be amended as "a person in receipt of," and, after "invalidity pension,"
"This rule, however, shall not be applied to the case of invalidity allowance for incapacity due to a cause while on duty" shall be added.
Art.45-(2) shall be deleted and Art.45-(3) shall be Art.45-(2).
Art.46, Par 1 shall be amended as follows:
In case a person whose term of coverage is 6 months or more but less than 15 years loses his qualification of the insured, he shall be granted retirement allowance. This rule, however, shall not be applied to a person who dies from a cause while on duty within the term fixed in Cabinet Order according to the provision of Art.42-(3), Par.1.
In Art.47-(2), "3 years" shall be amended as "6 months."
Art.47-(3) shall be deleted.
Art.50-(2). The yearly amount of survivor's pension is the amount distinguished as follows:
1. In case of the death due to a cause while off duty of a person in receipt of old-age pension, the amount of half the yearly amount of that pension;
2. In case of the death due to a cause while off duty of a person whose term of coverage is 15 years or more without receiving old-age pension, the amount of half the yearly amount of old-age pension which he should be granted;
3. In case of the death due to a cause while off duty of a person who has been in receipt of an invalidity pension for his incapacity due to a cause while off duty and whose term of coverage is 15 years or more the amount of half the yearly amount of old-age pension which he should have been granted;
4. In case of the death due to a cause while off duty of a person in receipt of an invalidity pension for his incapacity due to a cause while on duty, the amount equal to 2.5 times his last average monthly wages;
5. In case of the death due to a cause while on duty of an insured person or a former insured person within the term fixed in Cabinet Order according to the provision of Art.42-(3), Par.1, the amount of 5 times his last average monthly wages.
In the case of item 4 or 5 of the preceding paragraph, with regard to a person whose term of coverage is more than 15 years, the yearly amount of survivor's pension to be granted to his survivor is the amount prescribed in item 4 or 5 of the same paragraph plus the additional amount of 3 times the average basic daily wages for each year in excess of 15 years.
In Art.50-(3), next to "the average basic daily wages," "(in case of Par.1, item 4 or 5 of the preceding Article, the last average daily wages)" shall be added.
In Art.50-(6), item 1, "or invalidity pension" shall be deleted, item 3 of the same Article shall be item 5 and, next to item 2 of the same Article, the following two items shall be added:
3. If, in case a survivor's pension has been granted on account of the death due to a cause while off duty of a person in receipt of invalidity pension for his incapacity due to a cause while off duty, the total sum of invalidity pension and survivor's pension which has been already paid does not amount to the sum of 6 times the yearly amount of old-age pension which he should have been granted, the amount equal to the balance;
4. If, in case a survivor's pension has been granted on account of the death due to a cause while off duty of a person in receipt of invalidity pension fo his incapacity due to a cause while on duty, the total sum of invalidity pension and survivor's pension which has been already paid does not amount to the sum of 6 times the yearly amount of his invalidity pension, the amount equal to the balance.
In Art.51, Par.1, "a lump sum provided in Article 45-(2)" shall be deleted.
In Art.52, "quarrel drunkenness or remarkable dissipation" and "invalidity allowance or lump sum provided in Article 45-(2)" shall be respectively amended as "willful quarrel or remarkable quarrel" and "or invalidity allowance," and "wilfully" shall be added next to "without just cause."
In Art.53, Par.1, Proviso and items 1 and 2 shall be deleted and items 3, 4, 5 and 6 shall be respectively items 1, 2, 3 and 4.
In Art.54, "wilfully" shall be added next to "without just cause," and next to "with regard to............" shall be added "............ for ten days.................. to be granted to same person during that term."
In Art.58, Par.1, next to "and funeral expenses," shall be added "according to the provisions of Cabinet Order" and in Par.2 of the same Article, "and Article 76" shall be deleted.
In Art.60, Par.1, "half the amount of each premium" shall be amended as "premium according to the provisions of Cabinet Order" and the proviso of the same paragraph shall be deleted.
Art.60-(2) shall be deleted.
In Art.63, Par.1, "the Local Social Insurance Investigation Committee" shall be amended as "the Insurance Referee," "the Central Social Insurance Investigation Committee" as "the Seamen's Insurance Investigation Committee" and "an ordinary law-court" as "a law-court."
Art.63-(2). The Insurance Referee may, when considered necessary, make investigation regarding the settlement of insurance benefits with authority.
The Insurance Referee may, when considered necessary for his investigation, question the competent Government or other public official who has decided upon insurance benefits, or may make the ship-owner employing insured persons, the association which has been authorized by the competent Minister according to the provisions of Art.9 or the person to receive benefits report or attend to the office, or may make a doctor diagnose or examine that person.
In Art.64, "or appeal to the Court of Administrative Litigation" shall be deleted.
In Art.65, "the Central Social Insurance Investigation Committee" shall be amended as "the Seamen's Insurance Investigation Committee."
Art.65-(2). The same numbers of the representatives of insured persons, ship-owners and those representing the public interest shall be appointed the members of the Seamen's Insurance Investigation Committee by the competent Minister.
In Art.66, "the Social Insurance Investigation Committee" shall be amended as "the Insurance Referee and the Seamen's Insurance Investigation Committee."
In Art.67, "30 days" shall be amended as "60 days."
In Art.68, Par.1, "500 yen" shall be amended as "5,000 yen" and paragraphs 3 to 5 inclusive of the same Article shall be deleted.
Art.69. In case a ship-owner employing insured persons or an association which has been authorized by the competent Minister according to the provisions of Art.9 falls under one of the following items, he or shall be condemned to an imprisonment not exceeding 6 months or a fine not exceeding 10,000 yen:
1. In case he or it refuses to make reports under this Act, makes false reports, refuses to present document or refuses to attend to an office;
2. In case he or it refuses to answer or makes false statements to the inquiries of a competent Government or other public official under this Act, or refuses, hinders or evades the inspection of the latter.
Art.69-(2). In case a person to be granted insurance benefits and other persons concerned, except a person prescribed in the preceding Article, falls under one of the following items, they shall be condemned to an imprisonment not exceeding 6 months or to a fine not exceeding 5,000 yen:
1. In case they refuse to make reports, notices or notifications under this Act, make false reports, notices or notifications, refuse to present documents or refuse to attend to an office;
2. In case they refuse to answer or make false statements to the inquiries of a competent Government or other public official under this Act, or refuse, hinder or evade his inspection.
Art.70. In case the representative of a juridical person, or an agency, an employee or other worker of a juridical person or a person commits an illegal act under the preceding two Articles with respect to the business of the juridical person or the person, the person committing the act shall be punished;besides, the said juridical person or person shall be liable to the monetary penalty prescribed in those Articles.
Chapter 7, Art.71, Art.72, and Chapter 8, Arts.73 to 76 inclusive shall be deleted.
The Separate Table No.3 shall be amended as follows:
Separate Table No.3
Term of Coverage |
Number of Month |
6 months or more |
0.5 |
1 year or more |
1.0 |
2 ,, ,, |
2.0 |
3 ,, ,, |
3.0 |
4 ,, ,, |
4.0 |
5 ,, ,, |
5.0 |
6 ,, ,, |
6.0 |
7 ,, ,, |
7.0 |
8 ,, ,, |
8.5 |
9 ,, ,, |
10.0 |
10 ,, ,, |
11.5 |
11 ,, ,, |
13.0 |
12 ,, ,, |
14.5 |
13 ,, ,, |
16.0 |
14 ,, ,, |
18.0 |
The Separate Table No.4 shall be amended as follows:
Separate Table No.4
Term of Coverage |
Number of Month |
6 months or more |
1.0 |
1 year or more |
2.0 |
2 ,, ,, |
3.5 |
3. ,, ,, |
5.0 |
4 ,, ,, |
6.5 |
5 ,, ,, |
8.0 |
6 ,, ,, |
9.5 |
7 ,, ,, |
11.0 |
8 ,, ,, |
12.5 |
9 ,, ,, |
14.0 |
10 ,, ,, |
15.5 |
11 ,, ,, |
17.0 |
12 ,, ,, |
19.0 |
13 ,, ,, |
21.0 |
14 ,, ,, |
23.0 |